KARACHI: Sindh High Court (SHC) on Friday granted bail to accused in a murder case in sum of Rs200000 while observing that police have failed to place on record the tangible evidence to connect the accused with commission of offence.
A single bench comprising Justice Ahmed Ali M Sheik approved bail for accused Abdul Qadir, who was indicted in a FIR no 318/203 registered at Mominabad police station for an offence under section 302/34 PPC.
Applicants represented by advocate Dedar Ali submitted that on 23rd September 2013 police had recovered a bullet-riddled body of unknown person within jurisdiction of Mominabad police station and a FIR was lodged against unknown person.
He said that since the FIR was registered against unknown person and his name was not mentioned in the FIR, the accused was innocent and has nothing to do with the offence. Hence, he requested the court to allow him bail. Earlier on 11 September 2013 trail court had rejected his bail.
The bench observed the prosecution has failed to collect piece of evidence which showed the involvement of applicant in the commission of crime except his statement that was recorded by police during interrogation.
It said that this was blind FIR in which none including applicant had been nominated. Besides it is settled law that statement of accused recorded before police during investigation cannot be relied upon and police has failed to collect the evidence showing the nexus of applicant with the alleged offence.
Therefore, the court said that in absence of any tangible evidence, applicant cannot be deprived of the concession of bail as his cases is covered under section 2 of section 497 CrPC and calls for further inquiry.